Personal injury laws protects persons who have been harmed by the direct fault or negligence of another person or entity. Personal injury law also serves survivors who choose to pursue a wrongful death claim. A wrongful death lawsuit is appropriate when a person or entitiy (i.e., company) has directly caused or indirectly contributed to the untimely death of another person.
Personal injury and wrongful death lawsuits seek to obtain monetary compensation to help victims overcome grief, personal suffering, loss of income, extensive medical expenses, and as a punitive action for the tragic event.
Personal injury and wrongful death lawsuits are civil cases, and are processed separate from any related criminal cases.
The tipping point for any personal injury or wrongful death lawsuit is the ability to prove negligence on the part of the other party. Negligence is generally defined as the failure of a person, company, or other entitiy to act with due prudence that one would reasonably expect to be exercised by a normal or average persone which results in the injury or death of one or more persons.
Personal Injury lawsuits can arise from a wide variety of mishaps, accidents, and events. Personal injury claims often areise from auto accidents, tractor trailer collisions, motorcycle accidents, workplace accidents, slip-and-fall accidents, nursing home abuse, childcare abuse, defective products, physical assault and more.
The bottom line is that if you have been harmed by the direct action or negligence of others you may have a legitimate cause to file a personal injury lawsuit.
Wrongful death lawsuits arise from one thing - the death of one or more persons caused by the direct action or negligence or a person, company, or other entity. A wrongful death lawsuit may be filed even if the other party has not been charged with criminal conduct for their actions. Wrongful death lawsuits are often filed against manufacturers of dnagerous products, companies with unsafe work environments, drunk drivers, trucking companies, and municipalities.
In some wrongful death lawsuits there may be multiple defendants ranging from the person directly responsible, their employer, and manufacturers of a product that played a role in the catastrophe.
Product Liability lawsuits are usually filed when a specific product is believed to be the direct cause of harm, injury or death. Typically, this requires proving there is a defect in the product or the product failed to provide a reasonable level of safe performance.
Monetary compensation for personal injury and wrongful death lawsuits have no preset value. As your personal injury lawyer our responsibilities are to help you determine a fair settlement amount, and fight to get that amount for you.
Smaller injury claims, such as a slip-and-fall premise liability claim, are usually settled out of court for a relatively small amount. Cases involving severe injury or death usually are argued in court due to the claim being for a very large sum of money. In any case, we will work hard to get the best possible settlement for our client.
If you have been injured, or a relative has been killed, you may be entitled to compensation earned through a personal injury or wrongful death lawsuit.